Page No.# 1/4 GAHC010183032023 2025:GAU-AS:2663 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4808/2023 DEBAJYOTI DAS SON OF - DHRUBAJYOTI DAS, RESIDENT OF- WARD NO.3, DHEMAJI, RAILWAY STATION ROAD, DIST.- DHEMAJI, ASSAM, PIN- 787057 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06 2:THE MISSION DIRECTOR JAL JEEVAN MISSION ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 3:THE CHIEF ENGINEER (PHE) WATER ASSAM CUM ADDL. MISSIO DIRECTOR JAL JEEVAN MISSION ASSAM HENGRABARI GUWAHATI-36 4:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DIBRUGARH CIRCLE DIBRUGARH ASSAM 5:THE EXECUTIVE ENGINEER CUM DISTRICT MISSION DIRECTOR JAL JEEVAN MISSION DIBRUGARH DIVISION Page No.# 2/4 DIBRUGARH ASSAM Advocate for the Petitioner : MR. R DE, MS R SAHIN,MS M KAKOTY,MR. P K SARMA,MS. B BHUYAN Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 13.03.2025 Heard Mr. R. De, learned counsel for the petitioner as well as Mr. I. Borthakur, learned Standing Counsel, PHE Department, appearing on behalf of all the respondents. 2. Pursuant to a Tender Notice, the petitioner was allotted a work order on 01.06.2021 for implementation of different pipe schemes under the Dibrugarh, PHE Division for retrofitting under the programme Jal Jeevan Mission, Assam. Thereafter, certain additional works were required to be undertaken in addition to the original works and accordingly, the petitioner was again issued a revised work order on 12.01.2023 for retrofitting of MOTTOK KOIBARTA PWSS for implementation of Jal Jeevan Mission, Assam during the year 2020-21 under the Dibrugarh (PHE) Division for an amount of Rs. 51.84 Lakhs by the Superintending Engineer (PHE), Dibrugarh, Assam. The petitioner accordingly completed the work on 13.03.2023 and handed over the same on 25.05.2023. Thereafter, while making the final payment to the petitioner the Executive Engineer, PHE/ Respondent No. 5 deducted an amount of Rs. 87,615/- against Forest Royalty from the total bill of the petitioner. Being aggrieved, the Page No.# 3/4 petitioner made a representation before the respondent No. 5 on 25.07.2023 praying for refund of the Forest Royalty, which was deducted from the gross amount of the petitioner’s bill in respect of the work done by him. 3. Learned counsel for the petitioner submits that in terms of the Judgment passed in the case of Trinayan Associates (M/S) & Anr. Vs. State of Assam reported in 2017 2 GLT 859 as well as in the case of State of Assam and Ors. Vs. Muslim Ali (Md.) reported in 2013 2 GLT 945, the PHE department cannot deduct Forest Royalty under the Assam Minor Minerals Rules, 2013, unless there is a clause to that effect in the agreement executed between the petitioner and the PHE department. The petitioner accordingly made a representation before the respondent No. 5 on 25.07.2023, praying for refund of the Forest Royalty which was deducted @ 2% from the gross amount of the petitioner’s bill. 4. Learned counsel for the petitioner also submits that the representation made by the petitioner on 25.07.2023 is also yet to be considered by the respondent No. 5. He, therefore submits that a direction be issued to the respondent No. 5 to consider the representation dated 25.07.2023 made by the petitioner and dispose of the same within a specified period of time with a further direction that if the petitioner is entitled to the refund the same be made at the earliest. 5. Mr. I. Borthakur, learned Standing Counsel, PHE Department, has no objection to the prayer made by the petitioner. 6. Accordingly, this writ petition is disposed of directing the respondent No. 5 to consider the representation dated 25.07.2023 made by the petitioner and thereafter, dispose of the same within a period of 1 (one) month from the date of receipt of a certified copy of this Court’s Order. While disposing of the Page No.# 4/4 representation made by the petitioner, if the petitioner is found entitled to the refund of the Forest Royalty as claimed by him, the same shall be refunded within a period of 2 (two) weeks, thereafter. 7. With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant